How does MPEP 2114 apply to functional language in apparatus claims?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

MPEP 2114 provides guidance on how to evaluate functional language in apparatus claims. The key points are:

• Functional language in apparatus claims is limited to what the claimed structure is capable of doing, not what it actually does in operation.
• If the prior art structure is capable of performing the intended use, it meets the claim.
• Apparatus claims cover what a device is, not what it does.

As stated in MPEP 2114: “A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim.”